THE FUTURE OF TECH: A BLUEPRINT FOR ACTION
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THE FUTURE OF TECH:
A BLUEPRINT FOR ACTION
2022
TABLE OF CONTENTS
A Message from the Commissioners 1
Executive Summary 5
An Agenda for Action 12
Protecting Your Information, Your Privacy, 15
and Our Democracy
Hardening America’s Cybersecurity 24
Ensuring Open and Competitive Markets 28
Sustaining America’s Leadership in Innovation 32
Appendix 37
About the Commissioners 37
Town Hall Locations and Partners 38
Interview and Town Hall Participants 39
Future of Tech National Polls 43
Acknowledgements 53
For more information visit FutureOfTechCommission.org
A MESSAGE FROM THE COMMISSIONERS
O
n any given day, millions of Americans wake up to
an alarm from a smartphone. They check their email
and text messages, and scroll through social media for the
latest news on national or world events, or the activities of
friends and family. They post comments on and reactions
to what they see or hear.
On any given day, students receive, prepare, and submit their homework remotely. During
the COVID-19 pandemic, millions of students have attended classes virtually while their
parents worked online, exchanging messages and ideas through chat services or video
conferences. Businesses regularly recruit and hire talent to work remotely, and many
business leaders and workers alike expect that remote or hybrid work will be the norm
going forward.
On any given day, whether working in offices or at home, Americans design fashion lines,
housing and office towers, roads and bridges or video games, and launch business ventures
and nonprofits online.
On any given day, Americans
go to the web or a mobile
Technology is everywhere.
app to buy a birthday or
wedding gift, order groceries
For more than fifty years, the United
or business supplies, book States has led the world in life-changing,
a trip, order a rideshare or often life-saving technology.
a meal, find directions, pay
bills, deposit checks, invest
money, or apply for a job. Seniors apply for Social Security and Medicare benefits online.
Many Americans get essential health services—from routine to urgent to mental health
care—through telehealth platforms. In a few states, Americans vote online.
And at the end of any given day, Americans stream a movie, play games online, or swipe
for a date—or return to sending emails and text messages and posting commentary on
social media.
A MESSAGE FROM THE COMMISSIONERS | 1
Technology is everywhere. For more than fifty years, the United States has led the world in
life-changing, often life-saving technology. Public investments in basic research led to the
creation of the internet, which in turn spawned private innovation, jobs, efficiencies, and
breakthrough advances in education, health, engineering, communications, entertainment,
public safety, and commerce. These innovations have enriched and enabled the lives of
hundreds of millions of Americans and people all around the world. They are the engine of
our global economy.
At the same time, on any of these given days, in rural and urban
communities alike, millions of Americans either lack or cannot afford
The ubiquity of technology in the essential tool to perform all these tasks—high-speed internet. As
our lives, society, and economy many as sixteen million American children have no online access to
do their homework or the research to complete it. Millions of small
demands that the U.S. develop a
businesses lack a basic connection to the markets, customers, and
coordinated national suppliers that proliferate online, stifling job creation and opportunities.
technology strategy. Millions of families cannot get the affordable, quality care or the
answers they need through telehealth, because they have no high-
speed broadband.
For those who do have access, every click of the mouse—every internet search for
information about a job or research paper, every news item we scroll through, every
movie we stream, every item or service we order online—produces personal data about
our interests, likes and dislikes, environs, locations, and associations. That data is then
harvested—often without our knowledge—and bundled for advertisers (who target us
with things to sell), politicians (who target us with personalized fundraising or get-
out-the-vote and policy appeals), and sometimes other companies, law enforcement,
and foreign governments (who track us). Sometimes that information is stolen and
used by sophisticated criminals, here and abroad, to commit fraud or threaten our
children’s safety. Sometimes it’s deliberately used to stoke our outrage (and online
engagement) by trapping us in an information echo chamber that serves to confirm or, at
worst, to control our own views. And sometimes it is used to spread lies, ranging from
misinformed but ultimately harmless rumors to harassment or disinformation designed
to jeopardize public health, national unity, or democracy itself.
On any given day, individuals, as well as companies and organizations—including
manufacturers, utility operators, banks, hospitals, universities, government agencies, and
the military—are attacked by cyber scams, phishing, malware, and other online tactics to
hack, disrupt, disable, or otherwise gain access to critical operations and data.
Today, the ubiquity of technology in our lives, society, and economy, and the impact it
has on democratic engagement and function, demand that the United States develop
a coordinated national technology strategy that establishes national standards and
boundaries to protect the safety of America’s children, families, businesses, consumers, and
the public good, while ensuring that we maintain our edge in technological innovation.
2 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTION
Recognizing the urgency of these challenges and opportunities, the independent,
nonpartisan Future of Tech Commission was formed to consider and propose a national
framework and tech policy blueprint for the United States. To that end, the Commission
convened 11 town halls; engaged approximately 150 experts, industry and thought leaders,
and advocates and over a thousand citizens from across the country through town halls
and interview discussions; commissioned a nationwide poll of more than 2,000 registered
voters; and reviewed scores of relevant articles and books to fully understand the challenges
we face and to hear a variety of proposed solutions. On the basis of that widespread input
and analysis, we now offer this report and these proposals to the Administration, the
Congress, and the American people.
We have not presumed to opine on every issue presented by the many applications of
technology in our lives. However, based on the range of input and information shared with
us, it is clear that there is broad consensus on a few key points, namely that:
7 Every American should have access to affordable broadband internet
services at home, school, and work. The recently enacted bipartisan
infrastructure legislation is a historic step.
7 Every American should be protected from the misappropriation and
misuse of their and their children’s personal data; from misinformation
and disinformation that threaten public health, safety, and a flourishing
democracy; and from infringement of their freedom of speech online, a
fundamental American value.
7 Every American should be able to depend on an online market of
products and ideas characterized by safety, security, consumer choice,
transparency, affordability, quality, and innovation.
Americans everywhere understand that universal broadband internet access is as essential
to the average American today as electricity and water. They also appreciate the importance
of broadband that is reliable, safe, modern, trustworthy, and affordable.
Experience has shown, however, that the private sector has not and will not meet the
objectives listed above on its own. Experts agree that there is an urgent need for government
at all levels to address these interests, and that state-level and local undertakings alone
are insufficient. Indeed, since our work began, industry leaders themselves have called for
federal regulatory intervention.
We believe that it is imperative for America to develop a coordinated national framework
and tech policy blueprint. In some cases, the objectives will be best served through
partnerships between the federal government and the states, or between the public
and private sectors. In other cases, the federal government should exercise its singular
responsibility to legislate and regulate for the public good. Above all, we must act now.
A MESSAGE FROM THE COMMISSIONERS | 3
Americans on a bipartisan basis overwhelmingly agree that action is needed urgently.
According to our nationwide poll, conducted in late summer of 20211:
7 89 percent of Americans agree that understanding how to use technology
is essential for most of our workforce.
7 82 percent agree that we need universal access to high-speed internet
to ensure our kids get the education they need to compete and win in a
global economy.
7 80 percent agree that the federal government must do everything it can to
curb the influence of organizations that have grown too powerful and now
use our data to reach too far into our lives.
7 88 percent agree that tech companies should be required to ask
consumers whether or not they can use their data.
7 88 percent agree that one of the biggest threats to our national security is
a data breach by foreign adversaries.
Our most recent poll, conducted in February 2022, reaffirmed these findings from
Republican, Independent, and Democratic voters: 76 percent of Americans support
restricting companies from collecting and using personal data beyond what’s needed for
effective service, and 75 percent agree that if the United States does not establish rules and
guardrails around dangerous or false content online, our democracy could be under threat.
We clearly need a thoughtful, coordinated national policy that serves the values that
Americans share and ensures that our country will continue to lead the world in technology
and innovation. We believe that we are up to this task, and it will take all of us.
We have a history of successfully leveraging personal and industry ingenuity and creativity
with public leadership and investment. In the 1930s, for example, the Rural Electrification
Act brought electricity to farms, improving working and living conditions for millions of rural
Americans. In the 1950s, the National Interstate and Defense Highways Act created the
interstate highway system—the largest public works project in American history at the
time—bringing prosperity, opportunity, and connection to much more of the country. In
the 1960s, after President Kennedy announced the ambitious goal of landing a person on the
moon and returning that astronaut safely to Earth, we accomplished that historic feat with
the flight of Apollo 11 in 1969. Americans came together in the wake of 9/11, creating the
Department of Homeland Security to tackle foreign terrorism and threats. And bipartisan
cooperation in 2021 resulted in passage of the Infrastructure Investment and Jobs Act, a
once-in-a-generation investment in our country’s infrastructure and competitiveness. We
have won world wars, created and transformed industries, and forged a future by unifying
around a common purpose, with contributions from every sector. We can do this again by
1 Benenson Strategy Group, July creating and implementing a coordinated technology infrastructure and consumer
2021, https://www.bsgco.com/
post/voters-want-to-curb-
environment that is worthy of our highest values and fit to help shape our children’s future.
the-influence-of-big-tech-
companies-new-poll-shows. Signed, Margaret Spellings, Deval Patrick, and Jim Steyer
4 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTION
EXECUTIVE SUMMARY
T
he strength and breadth of our tech industry is
a powerful American advantage. Our muscular,
innovative, next-level companies have created millions
of jobs and incalculable value with tools that enable
us to connect, work, learn, shop, play, inform each
other, access financial and health services, and unlock
extraordinary opportunities and economic potential.
Through technology, American productivity has soared.
We do not want to see that asset hobbled.
Americans depend on and embrace these tools, but they also see their perils and pitfalls—
from privacy issues and the amplification of harmful mis- and disinformation to threats
to our children’s safety and the very functioning of our democracy.2 Today, there is
widespread agreement among Americans that we must urgently address the vast impact
of technology on our society with a coordinated, common-sense approach.
The independent, bipartisan Future of Tech Commission was formed in April 2021 to
investigate these challenges and propose a coordinated tech strategy for the United States.
We specifically considered issues of universal access; data privacy and the related issue of
platform safety; cybersecurity; market competition; and technological innovation.
Between April and December 2021, we held mostly virtual town halls around the
country—in Arizona, northern and southern California, Connecticut, Florida, Indiana,
Massachusetts, North Carolina, and Texas—and two in Europe. We interviewed dozens
of industry leaders, experts, and advocates in the U.S. and abroad and invited direct input
from citizens. We also conducted comprehensive public opinion polls with thousands
of registered voters nationwide in late summer 2021 and early 2022, which revealed
remarkable findings about the American public’s attitudes toward technology policy.
2 Misinformation is false,
misleading, or out-of-context There is strong bipartisan agreement that the government must play a role—as it does,
information that is presented
as fact without the intention
for example, in ensuring the safety of our food and water—by establishing safeguards
to deceive. Disinformation to protect consumers’ privacy, minimize mis- and disinformation, and strengthen our
is misinformation that is
deliberately spread with the
nation’s cybersecurity. In addition, Americans want to maintain our global leadership in
intent to deceive or mislead. technology, research, and innovation. This blueprint seeks to set that course.
EXECUTIVE SUMMARY | 5
In the body of this report, we detail proposals in several areas we explored, with the
exception of universal broadband service. Universal access to reliable, affordable, high-
speed internet is clearly foundational, and there is broad consensus that all Americans must
have it to participate fully in our society. Fortunately, in November 2021, Congress passed
and President Biden signed the bipartisan Infrastructure Investment and Jobs Act, which
includes $65 billion for broadband infrastructure deployment and adoption to help make
high-speed internet access a reality for every American. This would have been a central
recommendation of the Commission.
Now that Congress has allocated the needed funds, the Administration should commit
to closing the digital divide and making broadband universal within five years through
timely, accountable implementation
at the federal, state, and local levels;
“I compare this moment to something Dwight accurate, up-to-date mapping; and
Eisenhower observed as a young military officer—that robust oversight. Through effective
America’s roads and bridges and tunnels were not fit for policy implementation—ensuring that
the transportation needs of the military. It’s a lesson he high-speed internet access is available,
never forgot. And in 1956, President Eisenhower signed affordable, and adopted in every urban,
suburban, rural, and remote community,
the interstate highway act into law in America.
in every home, and in every workplace—
That’s how profoundly we technology can be a great equalizer
of access, education, and opportunity
need to improve our technology for all our people. It can also close
infrastructure today.” the “homework gap” for millions of
schoolchildren. This gap existed for years,
—Jeb Bush, former governor of Florida but it became an even greater problem
during the COVID-19 pandemic. When
schools closed across the country, too
many students without adequate internet access resorted to sitting in library and school
parking lots to use those buildings’ free Wi-Fi to do their homework.
Below, we propose muscular congressional and executive actions that will strengthen
protections for all Americans; require transparency from tech companies; bolster our
nation’s ability to respond to and prevent cyberattacks; and foster innovation, competition,
and consumer choice. We summarize them as follows:
6 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTION
PROTECTING YOUR INFORMATION, YOUR PRIVACY,
AND OUR DEMOCRACY
Whenever we connect, the apps and platforms we use collect sensitive information about
us, including our habits, hobbies, locations, interests, and friends. That information is often
used to target us with products, opinions, brands, and political ideas. Many of us are not
aware that this information is tracked, collected, bundled, sold, and used or misused. The
often-dense privacy policies of the apps we rely on do not help us better manage our privacy.
Some apps even track minors without their parents’ permission.
Online targeting—using harvested personal data—is also directly related to the assault
in recent years on our sense of shared reality. Social media has brought many people
together around the world. It has also, however, increased the reach and velocity of
lies and destructive narratives by spreading misinformation from a variety of sources—
including websites, cable television, and online influencers.
While our Constitution guarantees freedom of speech, it does not guarantee freedom of
reach.3 Illegal, harmful, or misleading content, amplified algorithmically to millions of
people online, has undermined public health, promoted violence, and jeopardized our
democratic system.
We believe that these practices must end. Just as we regulate our food system to protect
the public’s health and safety, it is time to set common-sense standards to protect our
privacy and personal information and curb the amplification of mis- and disinformation.
Accordingly, we recommend that Congress and the Administration:
7 Pass a comprehensive Federal Privacy Law that gives consumers control
of their privacy and requires companies to implement policies of data
minimization with respect to personal data collection and use—i.e.,
restricting their collection and use of data to what they require to provide
their services.
7 Pass a powerful new Children’s Privacy Law that updates and strengthens
protections for children and teens.
7 Enact clear, understandable transparency requirements with respect to the
use of algorithms, and other reforms, to rein in tech platform practices that
harm children, families, public health, national security, and democracy.
7 Create a Public Interest Media Fund to invest in trusted local sources
of news and information—which social media companies have played
a role in replacing—that is financially supported by tech companies, a
percentage of money from FTC fines on tech companies, and/or a merger
3 Renee DiResta, “Free Speech transaction fee.
Is Not the Same as Free
Reach,” Wired, Aug. 30, 2018.
EXECUTIVE SUMMARY | 7
We also believe that the White House should leverage existing regulatory authority by
coordinating departments and agencies to:
7 Address critical privacy and data protection needs, and
7 Enforce other consumer protection and anti-discrimination rules in the
context of online behavior.
To that end, we recommend that the White House:
7 Establish a White House Technology Coordinating Council, with clear and
paramount authority to develop, coordinate, and help drive progress on a
national tech policy strategy.
Two-thirds (88%) of voters strongly agree that
tech companies should be required
to ask consumers whether or not they can
use their data.
80% of voters agree (42% strongly agree)
that the federal government needs
to do everything it can to curb the
influence of big tech companies
that have grown too powerful and now use
our data to reach too far into our lives.
82% of voters agree (41% strongly agree) after
years of unchecked growth, we need
to do more to regulate big tech.
8 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONHARDENING AMERICA’S CYBERSECURITY
Cyberattacks are a fast-rising threat to individuals, businesses, and government. These
attacks—some perpetrated by foreign state actors—can damage U.S. industry, critical
infrastructure, and even hospitals and schools. Many Americans have been victims of online
crimes, including identity theft, hacking, phishing, malware, and ransomware. Governments
at the local, state, and federal levels have experienced breaches in systems ranging from
those that provide safety-net services to those that involve our military defenses.
We need to prevent cybercrime, improve our preparedness, and develop the most effective
responses to cybersecurity threats. Accordingly, we recommend that Congress and the
Administration:
7 Establish proactive Regional Cybersecurity Centers—consisting of both
public and private actors across critical industries—to support real-time
public/private coordination, rapid response, and prevention efforts against
personal and industrial cyberattacks.4
7 Give greater consideration to ransomware reporting and breach
notification requirements, acknowledging the need for timely information,
coordination, and transparency when a breach occurs.
7 Support the deployment of additional resources in the Defense, Homeland
Security, and Justice Departments—as well as in the intelligence agencies—
to harden our networks and strengthen our national security capabilities.
55% of voters strongly agree (88% total agree)
that one
of the biggest threats to our
33%
national security is a data breach by 12%
55%
foreign adversaries. STRONGLY
AGREE
4 The Cybersecurity and
National cybersecurity is a top priority for voters,
Infrastructure Security Agency
19% who overwhelmingly believe a foreign cyber attack is
(CISA) currently has 10 regional
offices to support the security 41% imminent—81% of voters believe it is likely (40% very likely)
and resilience of critical LIKELY
infrastructure owners and 40 % that in
the next five years the United States
operators and state, local, tribal, VERY
LIKELY
will be a victim of cybercrime, where the country’s
and territorial partners (https://
critical infrastructure is hacked by a foreign adversary.
www.cisa.gov/cisa-regions).
EXECUTIVE SUMMARY | 9ENSURING OPEN AND COMPETITIVE MARKETS
We believe that America deserves a market for internet technology and services
that is second-to-none, conducive to investment, innovation, job creation, and
entrepreneurial entry. We believe such a market serves the needs of consumers, small
businesses, and entrepreneurs and strengthens our international competitiveness
in a fiercely competitive global economy. The Department of Justice, Federal Trade
Commission, and several state attorneys general are actively engaged in antitrust
investigations, litigation, or other enforcement actions in this area. We are sensitive to
involving ourselves directly in such ongoing actions and inquiries. Congress, meanwhile,
is seriously considering new antitrust legislation aimed at increasing the authority and
tools available to antitrust enforcers.
The Commission does believe, however, that the U.S. is stronger and the marketplace
A strong bipartisan majority
of American voters—83%— healthier when markets are open, fair, inclusive, and fully competitive. We also
support enacting acknowledge the global supremacy and scale of American innovation. Accordingly, the
regulations that Commission recommends and supports:
enable a competitive,
affordable
broadband market. 7 Efforts by the Administration, Congress, and state attorneys general to
enforce our nation’s competition laws as well as reinforce our nation’s
commitment to fair and open markets by strengthening the tools of
regulators and antitrust enforcers.
Beyond that, the Commission believes that we can give consumers power, choice, and
control over the content that they see, create, and share across different platforms by
passing a comprehensive Federal Privacy Law, as recommended in this report. In
addition, the Commission recommends that Congress and the Administration:
7 Expressly authorize and enable local government and community
organizations and companies, such as cooperatives and municipal
broadband providers, to compete for existing and expanded service
as a means to help lower broadband prices for consumers and expand
consumer choice.
A majority of voters—53%—
on a bipartisan basis agree
that a handful of very large
companies dominate the
sector, making it very
difficult for new
companies or start-
ups to compete.
10 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONSUSTAINING AMERICA’S LEADERSHIP IN INNOVATION
For more than 30 years, the United States has been a global tech leader. Public
investment in basic scientific research spawned the technology revolution, including the
internet, GPS, smartphones, search engines, and many other innovations now central
45% 55% to daily life. For America to maintain its leadership, the Commission believes we must
STRONGLY
AGREE develop coordinated tech policies that safeguard privacy, defend open markets and
national security, and continue to safeguard our democracy.
Many countries have already passed national privacy laws, creating a worldwide
9 in 10 American voters patchwork of regulations with which global U.S. companies must comply. The absence
technological
agree that of a national privacy law in the United States makes doing business more complex and
innovation will the internet unsafe for many individuals. This absence can also erode trust in American
transform the way products, since buyers may lack faith in their adherence to privacy-protection principles.
our kids live, work,
learn, and connect Meanwhile, our public investment in basic research has dropped significantly,
with each other, with threatening our ability to develop groundbreaking innovations in the future while
55% strongly agreeing. other nations race ahead. And new technologies, such as artificial intelligence (AI), are
expanding rapidly without ethical guardrails that address the public interest in personal
safety, national security, and nondiscrimination.
We believe the recommendations in this report will enhance the environment for tech
innovation in the future. In addition, we recommend that the White House:
7 Convene a series of summits—on education, health, transportation,
medicine, and other issues, with outside experts and relevant federal
agencies—to discuss ways in which the environment for innovation can
be enhanced in the United States.
The Commission also recommends that Congress and the Administration:
7 Substantially increase federal investment in basic technology and other
research that fuels America’s leadership in the tech sector.
The Commission’s full report of findings and recommendations for the Administration, Congress,
and American people can be found at FutureofTechCommission.org.
EXECUTIVE SUMMARY | 11COMMISSION ON THE FUTURE OF TECH
AGENDA FOR ACTION
T
he Future of Tech Commission proposes the following
key federal legislative and executive actions to safeguard
consumers’ and families’ privacy and personal data, curb
abusive conduct by online tech platforms, combat cyber
threats, secure our democracy, and maintain America’s
leadership in technological and economic innovation.
Congress and the Administration should:
1. Enact a comprehensive Federal Privacy Law that:
7 Requires companies to implement policies of data minimization with respect to
personal data collection and use—i.e., in general, restricting their collection and use of
data to what they require to provide their services.
7 Requires an “opt-in” standard for personal data collection and strong use restrictions.
7 Ensures that it is as easy to withdraw consent to the collection and use of personal
data as it is to grant it.
7 Requires internet companies to implement and display a standardized privacy-
protection label, much like the standardized nutrition label on food products.
7 Bolsters capacity for enforcement of privacy standards and laws, including greater
resources for personnel, investigation, and fining ability for the Federal Trade
Commission (FTC).
12 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTION2. Update and strengthen the Children’s Privacy Law to:
7 Prohibit collection of data from teens who are 16 and under, increasing the age
from the current 12 and under.
7 Ban behavioral advertising to children under age 16.
7 Prohibit manipulative design practices that push inappropriate content to children.
7 Require online companies to conduct and publicly disclose a “Children’s Impact
Assessment” before the launch of a major new service or product.
7 Require companies to adhere to “Duty of Care” regulations to safeguard personal
data in their possession.
3. Reform transparency & algorithmic amplification practices that harm
children, families, and our democracy:
7 Require tech companies to disclose their data collection practices, content
moderation practices, and algorithmic use, including data sets that are collected and
used for algorithmic amplification or targeting.
7 Require clear, concise, and readily understood policies and processes for
moderating content and appealing content decisions.
7 Prohibit any algorithmic process that discriminates unlawfully as defined by
federal law.
7 Remove Section 230 immunity for paid promotion/advertising in order to help
prevent consumer fraud, protect voting rights, and prohibit hate crimes and illegal
discrimination in economic and civic opportunities.
7 Grant dual authority to the FTC and state attorneys general to enforce reforms to
Section 230 and other consumer protection or anti-discrimination rules.
4. Establish proactive Regional Cybersecurity Centers—consisting of both public
and private actors across critical industries—to support real-time public/
private coordination, rapid response, and prevention efforts against personal
and industrial cyberattacks.
In addition to endorsing and advocating for the
legislative agenda above, the executive branch should:
1. Establish a White House Technology Coordinating Council, led by a Senior
Director and bipartisan Tech Policy Advisory Group, to develop a coordinated
tech policy strategy for the nation.
7 Given the importance of the tech sector to our society and economy, and the urgent
need for policy reforms, a more prominent coordinating entity, helmed by senior
White House leadership, is warranted.
AN AGENDA FOR ACTION | 137 This Council is intended to improve effective coordination on top tech policy matters.
For example, aspects of tech policy advocacy and development are currently spread
out across several White House offices, including the National Economic Council,
National Security Council, Domestic Policy Council, and the Office of Science and
Technology Policy. Moreover, tech policy is also developed, implemented, and
advocated for by the National Telecommunications and Information Administration
(NTIA) in the Commerce Department, which, by statute, is the president’s principal
advisor on telecommunications and information policy. The Department of Health
and Human Services also plays an important tech policy role with respect to
children’s mental health issues.
7 Many other countries around the world have taken action to enhance tech
policymaking structures with their government in order to formulate policy, enforce
rules, and liaise with civil society and industry in a more efficient, consistent way.
Many of them have a single Data Protection Authority to govern data protection and
privacy rules across various industries. In Australia, for example, the government
established the Office of the eSafety Commissioner, which works to promote a healthy
online experience and bring prominence to issues—such as cyberbullying, image-
based abuse, and illegal and harmful online content—that warrant urgent attention.
2. Leverage existing authorities of regulatory agencies and departments to address
privacy concerns and algorithmic discrimination by urging:
7 The Federal Trade Commission to utilize any and all existing authority to police and
enforce violations of privacy laws and anti-discrimination statutes.
7 Other federal departments and agencies to identify existing legal authority to
address violations of law in the online arena.
7 The Department of Justice to review federal criminal statutes to ensure that laws
keep pace with societal and technological changes, with respect to online content,
and recommend legislative changes to Congress.
3. Direct the Department of Education, in consultation with the Federal
Communications Commission and the Department of Commerce, to:
7 Establish a grant program to teach digital literacy and citizenship.
7 Help public schools better identify teachers, students, and families caught in the
digital divide.
4. Coordinate with America’s democratic allies, such as the European Union, to
align technology policies that protect families, consumers, and the U.S. economy.
5. Create a Public Interest Media Fund to invest in trusted local sources of
information, supported by tech companies, a percentage of money from FTC
fines on tech companies, and/or a merger transaction fee.
14 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONProtecting Your Information,
Your Privacy, and Our Democracy
Thanks to the internet, Americans have much broader, more convenient access to information,
education, news, opinions, health care, entertainment, and connections with friends and family—
expanding opportunities and changing expectations and lives.
Social media platforms can expand our sense of community and civic participation.
but…
Many apps and platforms track information about
us throughout our day—often without our knowledge.
These apps use
that information to target us
with products, opinions, brands, and political
ideas.
Some apps even track teens and kids, without their
parents’ permission.
Even ifwe read and accept online privacy
policies, many of them are unclear, hard to
understand, or an obstacle to accessing the site.
Social media can also make it easy for people to say
hurtful things to others that they would likely
never say to them when face to face.
When online harassment is coordinated and
repeated at scale by hundreds or thousands
of users, it can cause real-world harm
to individuals and groups, including
vulnerable kids and teenagers.
When illegal, harmful, or untruthful
content is amplified to millions of people
online, it can undermine public
health, promote offline violence,
and threaten the stability of our
democracy.
PROTECTING YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY | 15PROTECTING YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY
T
he internet has created a world of good. Billions of people around the globe
now enjoy extraordinary convenience, increased productivity, and immediate
access to information, news, opinions, entertainment, and valued connections
with family, friends, and wider communities of interest. The internet has
profoundly changed lives, possibilities, expectations, and cultures, and extended
America’s leadership in innovation.
But like many advances, the internet also poses risks for sites they visit or the apps they utilize. Often, these
users. Many of these risks we know little about, and some policies are unclear or written in language that’s hard to
can threaten our safety, our economic security, our way of understand. Few, if any, are explicit about the reach, scope,
life, our institutions, and our democracy. and use of the data that websites and apps collect.
Many online sites collect personal information about
Protecting Your Privacy and
us simply because they can, irrespective of whether
Personal Information
that information is needed to provide a service to us.
When we use our smartphones or go online to check We heard in our town halls, for example, that some
the weather, catch up on the news, or look up traffic companies have collected billions of images from sites
conditions, for example, those sites and apps often collect like LinkedIn, Facebook, and Instagram, and have used
sensitive personal information about us throughout the artificial intelligence (AI) to instantly identify the people
day. For instance, they can collect information about
our habits, hobbies, geographic locations, interests, and
friends. Many apps and websites then create sophisticated
profiles about us that their advertisers use to target us Almost nine in ten voters—
with products, opinions, brands, or political ideas.
88 percent—agree that tech
It’s like being followed throughout the day, without companies should be required to ask
our knowledge, by someone who is taking detailed consumers whether they can use their
notes about everything we do, everywhere we go, every data. And 80 percent agree that the
website we visit, and how we interact with everything
federal government should do everything
we encounter. Even children and teens are being tracked.
it can to curb the influence of big tech
Most people have no idea that their online data is
being followed, collected, bundled, sold, and used—or
companies that use our data to reach too
misused—even if they read the privacy policies of the far into our lives.
16 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONIndeed, as a general rule, tech companies collect, retain,
and use far more personal information about users,
“As a society, do we want to allow the sale including children, than they need for the services they
of information about our children? Do we offer. And we are not able to withdraw our consent as easily
want to allow manipulation of older adults as we give it. In fact, many apps and websites condition
our use of their services on our consent to their collection
who don’t understand these practices?
and use of our personal information. Even when we agree
At some point we need to to allow apps to track and collect our data, tech companies
draw that line.” often do not tell us exactly how our data is being used.
—Ashkan Soltani, executive director of the Curbing Abuse, Misinformation, and
California Privacy Protection Agency Harmful Amplification
Social media can also make it easy for people to say
hurtful and destructive things to others that they would
in them, even if they haven’t identified themselves. This
5 likely never say to them face to face, in real life. And
is especially alarming given that we don’t have a national when online harassment is coordinated and repeated at
standard for the collection of children’s images.6 scale by hundreds or thousands of users, it can silence,
stigmatize, and harm individuals and groups of people.
No private company should have the latitude to collect, Cyberbullying of vulnerable children and teenagers is
use, or disclose personal information about us without cited repeatedly by parents, schoolteachers and leaders,
our explicit and informed consent. Americans deserve a and state-level policymakers as an example of this kind
safe, trustworthy internet they can use for convenience, of hazard.
information, innovation, communication, commerce,
and community—without having their personal data We personally abhor the lack of decorum and restraint so
harvested, bundled, sold, and misused. These online often in evidence online. But we have been careful not to
practices are a matter of national interest. According impose our own views of what is or is not appropriate.
to a Washington Post-Schar School poll conducted in Free expression is a public good in a democracy and must
November 2021, 79 percent of Americans do not believe be safeguarded. Some social media platforms, including
that tech companies provide enough control over how Reddit and Bumble, have explored different approaches
information about their activities is tracked and used. to content moderation, and we note that most platforms
Our most recent nationwide poll, conducted in February have terms of service that ban abuse, harassment, and
2022, reaffirmed these findings: 76 percent of Americans hateful conduct—which, as private companies, they are
support restricting companies from collecting and using free to do. And yet tech companies have not been held
personal data beyond what’s needed for effective service. accountable for their track record in enforcing these rules,
or for investing sufficiently in the technology or personnel
We are especially concerned about the risks to teens and required to ensure compliance with their own policies.
children. One study found that nearly 20 percent of apps
specifically designated for children collect and share Tech companies’ more serious and controversial online
personally identifiable information about kids—data practice is called “amplification.” Many online platforms
that can identify or be directly tied to them—without the use algorithms—mathematical formulas that are rarely
knowledge and verifiable consent of their parents. publicly disclosed—to decide what content to promote
5 Jonathan Zittrain, Harvard Town Hall.
6 Marc Ambinder, USC Town Hall.
PROTECTING YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY | 17and to whom. Algorithms are used to increase or decrease central to their revenue strategy. In a very real sense, the
the visibility of certain content or to target individual more outrageous, divisive, and hateful the content, the
users—for example, by recommending popular accounts better it is for their business.
or posts in a user’s news feed. Algorithms can highlight
The past several years have also seen a massive,
content that raises awareness of important civic issues,
sometimes malicious, assault on our sense of shared
often from historically marginalized voices. They can
reality. The dissemination of falsehoods and conspiracy
promote posts and news stories that expose gender, racial,
theories at scale on social media can cause real-world
or other discrimination. Algorithms can also bring greater
harm when amplified to millions of people.8 The
exposure to information about global issues, human
amplification of health and political misinformation
rights violations, consumer complaints, corruption, or
originates from a variety of sources. This content
government malfeasance. During an emergency or natural
is corrosive to our safety, values, and civic life, and
disaster, algorithms can bring content to the attention of
some of it is disinformation actively sponsored or
users that informs and even saves lives.
disseminated by foreign state actors. Although much of
But algorithms can also have downside consequences, that content is constitutionally protected, there are steps
by amplifying inequalities and power imbalances. Some that policymakers and the private sector can take to
algorithms can lead platforms and advertisers to violate safeguard our well-being, our civil rights and liberties, the
civil rights laws prohibiting discrimination in housing, fundamental norms of our democracy, and basic decency.
employment, and credit based on users’ race, gender,
For example, content-neutral social media “circuit
and other classifications. According to a 2021 study, for
breakers”—like those used in the stock markets—could
example, Facebook’s ad platform continues to offer
require online platforms to briefly pause the rapid
multiple ways for advertisers to discriminate by race and
amplification and dissemination of specific content that
ethnicity, violating civil rights regulations.7
begins to go viral to an exceptional degree. Companies
Significantly, some algorithms are designed to boost the and policymakers would need to determine what “virality”
visibility of content that sparks divisiveness, provocation, trigger might be appropriate for discrete services with
hatefulness, and outrage—because some tech companies different attributes. But by hitting the “pause button” in
rely on sensational content to attract and retain viewers. key moments, platforms could determine, in real time,
The larger the number of users, and the longer such users if such content violates their terms of service—enabling
linger on the service, the more attractive the platform is stepped-up, timely enforcement of their own corporate
to potential advertisers who are looking to buy ads on content policies or the law.
it. Senate testimony about Facebook in the fall of 2021
Greater transparency around companies’ use of algorithms
made clear that it is in the commercial interest of some
is another important step. We should also strongly
platforms to amplify posts that fuel user engagement,
encourage all platforms to strictly enforce their terms of
even if the companies’ terms of service prohibit their
service and provide greater transparency around content
content. As experts like Facebook whistleblower Frances
mediation enforcement. These and other measures are
Haugen have noted, Facebook, YouTube, and other social
available to private companies and organizations now and
media platforms are aware that the amplification of
raise no federal, legal, or constitutional issues.
sensational or provocative content by their algorithms is
7 Jinyan Zang, “Solving the Problem of Racially Discriminatory Advertising on Facebook,” Brookings, Oct. 19, 2021, https://www.brookings.edu/research/
solving-the-problem-of-racially-discriminatory-advertising-on-facebook/.
8 Foreign state actors employ a variety of tactics, including inauthentic or malicious accounts, to sow division and disseminate harm.
18 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONBy contrast, government regulation of content raises
important questions of free expression. We believe that
After years of unchecked growth,
free expression is a public good and have steered clear of
proposals that Congress or the Administration legislate or
82 percent of American
regulate in the area of inappropriate or unpopular content. voters now agree, on a bipartisan
However, we do not believe that the government’s hands basis, that we need to do more to
are completely tied. regulate big tech.
While our Constitution guarantees freedom of speech, it
does not guarantee freedom of reach.9 When illegal,
harmful, or untruthful content is amplified to millions of For nearly half a century, the internet has remained largely
people online, it can cause personal trauma, undermine unregulated. In that time, extraordinary innovation has
public health, promote offline violence, and threaten the spawned a powerful industry that has changed the world.
stability of democracy in the U.S. and around the globe Historically, Americans have created “rules of the road” to
These are areas where Congress has already acknowledged support investment and innovation while managing the
a compelling public interest. risks of many life-changing innovations, from electricity to
automobiles and airplanes. We believe it’s now in the
The privileges and constraints of the First Amendment
national interest to put such rules in place for tech
mean that policymakers must find constitutionally sound
companies to protect our rights, safety, health, and
ways to advance the public interest. While some of the
families—to create sensible, effective guidelines for
content cited today as hurtful or harmful to public health,
internet use that protect the privacy of individuals and
civic discourse, and our democracy is constitutionally
children and put American consumers in charge.
protected speech, the real-world harms such content causes
are enabled by the massive harvesting of our personal data
and the use of that data—through algorithms—to target
and provoke. Addressing these root causes in a direct,
comprehensive way through a strong data protection and
privacy law could yield healthier online public squares and
valuable progress in our information ecosystem.
9 Renee DiResta, “Free Speech Is Not the Same as Free Reach,” Wired, Aug. 30, 2018, https://www.wired.com/story/free-speech-is-not-the-same-as-
free-reach/.
PROTECTING YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY | 19CONCLUSIONS AND RECOMMENDATIONS
To balance the importance of supporting an open society Moreover, when users consent to having their data
and a thriving, innovative economy with the urgency tracked or collected, companies must be clear about
of protecting the freedom of expression and privacy of exactly what is being tracked and how it is being used.
Americans, the Future of Tech Commission agreed to This includes when and how data is used in algorithms
certain fundamental principles: and algorithmic amplification.
First, Americans deserve a safe, trustworthy internet that Even with protective defaults, however, transparency and
enables them to leverage its power for improved access, consumer education are needed to ensure companies’
convenience, innovation, communication, productivity, compliance with existing laws and meaningful control by
commerce, and social good without having to sacrifice individuals over their online experience. A digital
their privacy unknowingly or having their information citizenship agenda is essential to empowering consumers.
harvested or used unreasonably;
We also conclude that the privacy of kids and teens is
Second, individuals should be able to control their own paramount, and that solutions must ensure robust
data, including knowledge of and agency over how it can protections for children age 0–16. Parents must be
be collected, utilized, shared, bundled, sold, or leveraged empowered to play an active role in protecting their
across platforms; and children’s privacy. At the same time, the federal
government, companies, and platforms all have a
Third, private enterprises and organizations should be
responsibility to ensure that the onus to protect a child’s
required to abide by principles of data minimization and
privacy does not fall entirely on parents.
not collect more information than is necessary for their
services or share, sell, or use such information about The Commission acknowledges that many states have
individual citizens or groups of citizens without explicit enacted or are considering online privacy laws or
consent. regulations. Some are models for our proposed federal
actions. But rules that vary widely by state for online
Accordingly, the Commission concludes that “opt-
corporate behavior do not take practical account of the
in” should be the standard for information gathering
ubiquity of the internet itself, which operates without state
by tech companies—meaning that individuals must
boundaries. Since its impact on the public interest is
affirmatively give consent for the gathering, use, and
national, indeed global, federal action is indispensable.
sharing of personal information.
Existing state laws are necessary but insufficient models;
Further, it should be as easy to revoke consent as it is to therefore, state laws should be considered the floor, not the
grant it. And, to ensure that consumers have real ceiling, for federal action.
bargaining power, it should be prohibited to condition the
The federal government has an important role to play in
use of an app or website on the granting of consent to the
bolstering those protections, especially for children, and in
collection of personal data not otherwise required to
ensuring timely, robust compliance and enforcement.
render service. The privacy of individual data must exist
by default and design wherever possible, and data Social media presents, perhaps, the greatest benefits and
minimization is essential to addressing business models greatest hazards of the internet age. We are more connected
that fuel unsafe, unhealthy, manipulative, and anti- to each other in a variety of ways, but we have also become
competitive behaviors. more isolated from each other by the hatred, division, and
discord spread and amplified on social media.
20 | THE FUTURE OF TECH: A BLUEPRINT FOR ACTIONThe concern about harmful online content quickly turns In summary, the Commission concludes that federal
into a debate about freedom of expression under the First leadership on privacy is needed to protect consumers
Amendment to the Constitution. Free expression is a sacred and minimize harmful data practices. We specifically
public good and must be fiercely safeguarded—even when recommend the following immediate actions.
such expression is hurtful, provocative, or unpopular. We
recognize that rigorous protection of free expression sends 1. The Administration should propose and
a powerful signal to the rest of the world, especially to Congress should enact a comprehensive National
more closed or autocratic societies, and is another reason Data Protection and Privacy Act that protects
to tread lightly here. We do not believe that government consumer privacy by placing strong national
can determine which content to regulate, except in limited limits on the harvesting of private, personal
circumstances. We therefore do not recommend federal data. At a minimum, new legislation should:
legislation to regulate online content.
7 Require an opt-in standard for personal data
However, we do urge federal legislation and other collection and use.
enforcement actions that constrain the amplification 7 Ensure that withdrawal of consent is as easy as
of online content already deemed illegal—such as posts granting it.
that directly incite imminent criminal activity or consist 7 Allow consumers to restrict the use of any personal
of specific threats of serious violence targeted against data.
any person or group. This constraint can be done without
7 Allow consumers to block any use, sharing,
placing an undue burden on free online expression, and it
disclosure, or sale of their data with/by third
should be done promptly. Real-world harm can and has parties.
come from illegal or harmful content repeated at scale by
7 Beyond data strictly required to render service,
algorithms. For this reason, we also recommend that the
prohibit companies from unfairly tying consumer
Department of Justice review federal criminal statutes to
consent of data collection and use to access of the
ensure that such laws are keeping abreast of technological
product or service.
and societal change.
7 Affirm that all federal laws and regulations
We are mindful of the concerns of those who offer prohibiting discrimination in the physical world
unpopular or dissenting ideas online. The natural, organic apply to the amplification and impact of content in
spread of such ideas should depend on their strength; the digital world.
that is precisely how unpopular views and dissenting 7 Require companies to file regular transparency
opinions become mainstream in a free society. But when reports on data collection practices.
the ideas are spread by mathematical formula—and when 7 Require platforms to produce a “data collection &
the formula favors the most unfounded, sensational, use label,” like the standardized nutrition label on
or antisocial content—we conclude that social media food products.
platforms cross a line. In those circumstances, technology 7 Require companies to adopt “duty of care”
is no longer a tool for communication and connection, but regulations to safeguard personal data in their
rather an engine to drive division and public harm in service possession.10
to profits of the corporation. And again, it is data that fuels
7 Update the Children’s Privacy Law to ensure
that engine—our personal data.
adequate consumer protections for children.
10 Duty of care is the standard legal responsibility of an organization to avoid behaviors or omissions that could reasonably be foreseen to cause harm to
others.
PROTECTING YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY | 212. Congress should strengthen capacity for 7 Removes Section 230 immunity for paid
enforcement of privacy and data protection promotion/advertising in order to help prevent
consumer fraud, protect voting rights, and
standards and laws. At a minimum, this should
prohibit illegal hate crimes and discrimination in
include:
economic and civic opportunities.
7 Expressly authorizing the FTC to enforce the
7 Considers the removal of Section 230 immunity
provisions of the new National Data Protection and
for product design features to ensure that the
Privacy Act.
results of product design mechanisms—such as
7 Providing the FTC with greater latitude to fine recommendation algorithms and video content
violators, issue significant fines for first-time suggestions—are not treated as user speech for
violations, and seek equitable relief. purposes of Section 230, to the extent to which
7 Allocating more FTC resources for personnel to the results (i.e., the recommendations) cause
investigate and enforce privacy and data protection harm. Because these design tools are closely tied
standards and laws. to free expression, Congress should tread carefully
in this area to avoid unintended consequences.11
7 Granting states’ attorneys general concurrent
jurisdiction to enforce the new federal privacy/ 7 Expressly grants authority to the FTC to enforce
data protection law, eliminating the need for a Section 230, as reformed, with respect to removing
patchwork of state and local laws and rules. immunity for paid promotion/advertising, and
including significant power to fine.
3. To address issues raised by content moderation 7 Requires online platforms to have clear, concise,
and amplification, the Administration should and readily understood policies and processes for
also propose and the Congress should also pass moderating content. People who use these services
should have the right to clear rules, transparent
legislation that:
enforcement, and equitable and timely appeals.
7 Affirms that all federal laws and regulations that
7 Affirms that it is unlawful for an online company to
prohibit discrimination in the physical world apply
employ any algorithmic process that discriminates
to the impact of content in the digital world.
in or otherwise makes unavailable the goods,
7 Addresses algorithmic or other amplification of services, facilities, privileges, advantages, rights
content already deemed illegal—such as posts that or opportunities, or accommodations of any place
directly incite imminent criminal activity or consist of public accommodation on the basis of a user’s
of specific threats of serious violence targeted or class of persons’ actual or perceived race, color,
against any person or group. ethnicity, religion, national origin, age, sex, gender,
7 Requires tech companies to disclose and be gender identity, sexual orientation, or disability.
transparent about:
6 Algorithmic use (and the data sets that 4. Regulatory agencies and departments should
are collected and used for algorithmic leverage their existing authorities to protect
amplifications or targeting). against algorithmic discrimination as follows:
6 Practices for moderating content, including but 7 The FTC should utilize existing authority (such
not limited to the mix of automated vs. human as section 5 of the FTC Act, the Children’s Online
Privacy Protection Act (COPPA), and the Equal
moderation, language coverage, and whether
Credit Opportunity Act) to police and enforce
any users (e.g., VIPs) are treated differently than
violations of these laws and illegal, discriminatory
ordinary consumers and, if so, how.
algorithmic results.
11 An example of a current deficiency in the law is the case of Herrick v. Grindr, in which product design mechanisms enabled a bad-faith user to
impersonate and abuse an ex-partner.
22 | THE FUTURE OF TECH: A BLUEPRINTPROTECTING
FOR ACTION YOUR INFORMATION, YOUR PRIVACY, AND OUR DEMOCRACY | 22You can also read
